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 otherwise been made aware in
 writing of the imposition of such
 Tax and the due dates for payment
 thereof or the filing of such Tax
 return as applicable) other than
 where any such failure arises as a
 result of any breach by Lessee of
 any provision of, or the default by
 Lessee in the performance of, its
 obligations under this Agreement or
 as a result of any Event of Default
 occurring or otherwise arising as a
 result of the willful misconduct or
 gross negligence of Lessee; or

 (g) in the case of a transferee of a
 Tax Indemnitee, Taxes to the extent
 that the aggregate amount of such
 Taxes exceeds the aggregate amount
 of the Taxes that would have been
 imposed on or payable by the
 transferor Tax Indemnitee and for
 which Lessee would have been
 required to indemnify the
 transferor Tax Indemnitee pursuant
 to Clause 5.7, 5.8, 5.9 or 5.10
 under applicable laws in effect on
 the date of transfer; or

 (h) Any Tax to the extent increased or
 not reduced as a result of the
 failure of a Tax Indemnitee to file
 any Tax Document, to supply a tax
 identification number or to comply
 with any certification of tax
 residence or other documentation
 requirement of applicable law, in
 each case, that is a condition to
 the allowance of any exemption
 from, reduction in rate of, or
 other relief from, such Tax,
 provided that (1) Lessee shall have
 given such Tax Indemnitee timely
 written notice of such requirement
 and shall have delivered to such
 Tax Indemnitee such forms as may be
 necessary to comply with such
 requirement and accompanying

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